Success fee agreements: consultation on Part 1 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

Consultation on Scottish Ministers' powers to cap success fees, to regulate which cases are not suitable to be funded by damages based agreements, and to make further regulatory provision about success fee agreements.

About the consultation

The objective of this paper is to offer an opportunity for views to be aired on the decisions that it is necessary for the Scottish Government to take in order to implement Part 1 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 which provides for the regulation of success fee agreements. Success fee agreements including speculative fee agreements and damages based agreements are already in use in Scotland and the purpose of their regulation will be to safeguard and enhance access to justice.

Responding to this consultation

Please respond to this consultation using the online platform ‘Citizen Space’ which can be found at: You can save and return to your responses whilst the consultation is still open. Please ensure that consultation responses are submitted before the closing date.

If you are unable to respond using Citizen Space, please send your views and comments either by email to or by posting a paper copy to:

Michael Green
Civil Law and Legal System Division
Scottish Government
GW-15 St Andrew’s House
Regent Road

However you respond, please complete the Respondent Information Form (see ‘Handling your response’ below). Responses should reach us by Thursday, 31 January 2019. Earlier responses would be welcome.

Handling your response

If you respond using ‘Citizen Space’, you will be automatically directed to the Respondent Information Form at the start of the questionnaire. This will let us know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public.

If you are unable to respond via ‘Citizen Space’, please complete and return the Respondent Information Form attached to the end of this document. This will ensure that we treat your response appropriately.

All respondents need to be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the 2002 Act for information relating to responses made to this consultation exercise.

Next steps in the process

Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public at If you use the consultation hub to respond, you will receive a copy of your response via email.

Following the closing date, all responses will be analysed and considered along with any other available evidence to help us. Responses will be published where we have been given permission to do so. An analysis report will also be made available.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted,

please send them to the contact address above or to

Scottish Government consultation process

Consultation is an essential part of the policymaking process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work.

You can find all our consultations online: Each consultation details the issues under consideration, as well as a way for you to give us your views, either online, by email or by post.

Responses will be analysed and used as part of the decision making process, along with a range of other available information and evidence. We will publish a report of this analysis for every consultation. Depending on the nature of the consultation exercise the responses received may:

  • indicate the need for policy development or review;
  • inform the development of a particular policy;
  • help decisions to be made between alternative policy proposals; and/or
  • be used to finalise legislation before it is implemented.

Whilst details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.


Email: Michael Green

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